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COURSE DESCRIPTIONS

Challenging Minds — Creating Solutions

Text Box:      Institute for economic growth & legal reform

 

 

PPP Coaching for Legal Sector Professionals

 

Required Time

 

Session Title

 

Learning Outcome

 

Goal of this Session

 

Three hours

 

PPP Definition, Rationale & Structuring Options

 

Defining PPP as vehicle for transactions that promote infrastructure development, social services like health infrastructure, County and municipal services.

 

Participants will distinguish PPP projects from other infrastructure contractual arrangements, and list PPP options.

 

Be able to outline the rationals and goals for pursuing PPPs.

 

You will be able to identify PPPs as distinct vehicles from other project forms available to both government and private sector actors for bringing together technical, financial and managerial resources.

 

These arrangements include a number of sub-agreements that require legal experts in drafting, negotiating and operationalizing as well as setting monitoring and conflict management mechanisms for implementation.

 

 

 

 

 

Three hours

 

How to Design and structure the PPP Project Vehicle

 

You will be able to identify all parties and their obligations, who participate in a PPP project from the promoters agreement, agreement to establish a Special purpose vehicle, and the sub-contracts that the Special Purpose Vehicle enters into the various parties to the PPP project.

 

You will have a comprehensive view of PPP structure and will be able to distinguish the PPP agreements from the traditional infrastructure project agreements.

 

 

 

 

 

 

Two hours

 

PPP Contractual Frameworks

 

You will review types of contracts that are fundamental to operationalize PPP project Including promoters’ agreement and contracts between PPP special purpose company and finance, construction, operation parties.

 

You will practice drafting key sections of the agreements and practice negotiating to reach a win-win result to initiate and sustain a PPP project successfully.

 

 

You will be able to analyze types of responsibilities and obligations that each PPP contract partners carries and enable you to craft the agreements though specialized drafting skills.

 

The drafts will be clear that in negotiation parties will have better negotiating strategies to reach a sustainable agreement.

 

This will help the State, Counties and municipal governments as a PPP partners, as well as the private sector to initiate a PPP project on a clear footing and avoid pitfall that normally derails a potential or operating PPP projects

 

 

 

 

 

 

Four hours

 

PPP Project Agreements Drafting Skills & Techniques

 

You will exercise drafting contractual documents skills using two drafting models.

 

The models assist in using simple language drafting model and specialized content drafting.

 

You will practice these models in PPP legal agreement drafting, Special purpose company contracts drafting including, construction, finance and operations.

 

They will also exercise reviewing and revising PPP documents skills and refine application of drafting models.

 

You will review the practical skills throughout the project initiation, implementation and operation of the in PPP projects.

 

 

The goal of this section is to empower the professionals with the skills that control the language of agreements and control the interpretation of agreements.

 

This will give opportunities of leading the PPP structure through controlling the draft language and the interpretation thereof.

 

 

 

 

 

 

Four Hours

 

Dispute Resolution

 

A PPP project normally establishes long term relationships between the parties involved.

 

Any of the contractual chains may affect the whole project process and therefore a specific conflict management system should be designed for each PPP project agreement.

 

As participant you will review and design dispute resolution methods relating to specific PPP models such as Build, Operate and Transfer agreement, Rehabilitate and Operate agreement, Build Own and Operate agreements… Conflict management methods including, on-site negotiation, Supervising Engineer’s decisions, establishing Dispute Review Board, independent regulator, types of mediation and finally arbitration.

 

 

The goal of this session is to ensure that participants define the conflict management clauses in terms of long term PPP contractual agreement.

 

The system will serve from initial construction implementation through operations and monitoring and conclusion of the PPP project as defined by the PPP agreement

 

 

 

 

 

Four Hours

 

PPP Regulatory Framework

 

The PPP project operations and services may be regulated by State, County or municipal rules. However, as PPP agreement defines certain standards of service provision and the government and private providers are contractually on equal footing, an independent regulator may be established.

 

Participants will examine the roles of independent regulators, how the system is established and how it operates.

 

They review accountability, regulatory constraints, Issues with government Departments, Regulator’s Decision making system, inter-sector regulators, and alternative strategies.

 

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The goal of this session is to provide range of regulatory models by which the professional participant will take as tool for advising policy makers.

 

The participants will be able to will review how to regulate contract implementation, quality and efficiency of services, responses to beneficiary requests, tariff reviews …for ensuring that PPP projects produce sustainable results for government partners, the private partner interest, and the beneficiary public.

 

 

 

 

 

 

Two hours

 

Closing

 

Action Plan

 

Goal of this session is to provide the policy makers with tools to set methodologies of application of the PPP techniques acquired into practice